An unregistered builder has been convicted and fined $3000 for illegally entering a contract, accepting payments he was not entitled to and failing to perform work on a South Morang property.
Heidelberg Magistrates’ Court found David Christopher Stogiannou guilty of three charges under the Domestic Building Contracts Act 1995 (DBCA) and one under the Australian Consumer Law (Victoria).
In 2012, Mr Stogiannou was convicted of similar offences.
In relation to the 2013 offences, the Director of Consumer Affairs Victoria alleged that Mr Stogiannou:
- received a deposit of more than 5 per cent of a contract price of $20,000 or more before starting work under the contract
- entered into a major domestic building contract when he was not registered
- entered into a major domestic building contract that did not contain all of the prescribed particulars required by the DBCA
- accepted payment and failed to provide the required domestic building work within a reasonable time.
Mr Stogiannou was paid more than $50,000 after entering into a contract with the property owner. He performed some work but failed to do all the agreed concreting works and to properly arrange construction of retaining walls.
The court also ordered Mr Stogiannou to pay $2600 costs.
The home owner has obtained a compensation order from the Victorian Civil and Administrative Tribunal.